" defense. by avoiding phrases like "vote for" and "elect," groups like wtp say they're not campaigning at all. they're just talking about issues. >> and it is permissible, both under federal law and, most importantly, under constitutional principles, first amendment principles, that if you engage in discussing issues, you do not have to disclose who your donors are and you do not have to register your activities with any commissioner of political practices or the fec. >> ryssdal: that argument didn't wash with dennis unsworth. a number of courts have rejected that narrow "eight magic words" test and some states, including montana, take a broader view of what defines campaigning. >> these are campaign materials. there is no question about their involvement in campaign activity. absolutely no question. >> the commissioner handed down a ruling, accusing wtp of engaging in all sorts of wrongdoing, in my opinion, that was designed to basically punish the organization for engaging in first amendment speech. and so wtp didn't stand back and just take it. basically they said, "all right, ifou'